Karnataka High Court
Pushkraj Crushing Equipments Pvt ... vs The Senior Divisional Engineer, ... on 9 November, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:40077
WP No. 24138 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24138 OF 2023 (GM-TEN)
BETWEEN:
PUSHKRAJ CRUSHING EQUIPMENTS PVT. LTD.,
(A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 2013),
S.NO. 326/2A, P NO. 35,
KODOLI MEGHDOOT HOUSING SOCIETY,
SATARA, MAHARASHTRA STATE - 415 004,
REPRESENTED BY ITS DIRECTOR,
MR. KULDEEP RATANLAL MANDOWARA.
...PETITIONER
(BY SRI. R.V.NAIK, ADVOCATE)
AND:
THE SENIOR DIVISIONAL ENGINEER,
Digitally signed CO-ORD, SBC, SOUTH WESTERN RAILWAY,
by PADMAVATHI
BK 3RD FLOOR, DRM BUILDING,
Location: HIGH NEAR SBC STATION, MAJESTIC,
COURT OF BENGALURU - 560 023.
KARNATAKA
...RESPONDENT
(BY SRI. B. PRAMOD, CGC)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT TO CONSIDER THE REPRESENTATION DATED
18/10/2023 AT ANNEXURE-M AND FURTHER DIRECT THE
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NC: 2023:KHC:40077
WP No. 24138 of 2023
RESPONDENT TO CONSIDER / ACCEPT THE E-TENDER OF THE
PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayers:
"(A) Issue a writ of Mandamus or any other Writ or
Order or Direction directing the Respondent to consider
the Representation dated 18-10-2023 at Annexure "M",
and further direct the 1st Respondent to consider /
Accept the E-Tender of the Petitioner, in the interest of
justice.
(B) Pass such other and further orders as this Hon'ble
Court deems fit and proper in the interest of justice and
equity."
2. Heard Sri. R.V. Naik, learned counsel appearing for
the petitioner and Sri. Pramod B., learned CGC appearing fro
the respondent.
3. The petitioner claims to have submitted a
representation on 18.10.2023. The learned counsel appearing
for the petitioner taking this Court through an order passed by
the Co-ordinate Bench of this Court in W.P.No.20095/2023
disposed on 05.10.2023 seeks to contend that the issue stands
covered by the said order.
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WP No. 24138 of 2023
4. The learned Central Government Counsel appearing
for the respondent - Union Bank of India would dispute the
submission and contend that the issue is not covered by the
judgment rendered by the Co-ordinate Bench. He would
further submit that if reasonable time is granted, the
representation would be considered and appropriate orders
would be passed, in accordance with law.
5. The learned counsel appearing for the petitioner
would accept the same and submit that it would suffice, if such
a direction is given for the present.
6. Therefore, without going into the merit of the claim
of the petitioner in the representation, I deem it appropriate to
dispose the petition by recording the submission of the learned
counsel appearing for the respondent that they would pass
appropriate orders on the representation, in accordance with
law along with all other tenders in the ensuing committee
meeting.
With the aforesaid observations, the petition stands
disposed.
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WP No. 24138 of 2023
All contentions urged in the present petition shall remain
open.
Sd/-
JUDGE
JY
CT: BHK
